Redacted Hawaii Foreclosure Complaint

8/3/2019 Redacted Hawaii Foreclosure Complaint

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Attorneys for PlaintiffIN THE CIRCUIT COURT OF THEIIIIIIICIRCUIT

STATE OF HAWAII

Plaintiff,vs.

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~H.UH .~PS,CORPO RATIO NSOR OTHER ENTITIES 1-20,Defendants.

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Civil no.(Foreclosure)COMPLAINT TO FORECLOSEMORTGAGE;EXHIBITS "1" - "3";SUMMONS

COMPLAINT TO FORECLOSE MORTGAGEPlaintiff

(hereinafter "Plaintiff") for its cause of actionagainst the above named Defendants, alleges as follows:

that this is C 1 full, true nnd correctIon filo in this office. "


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this action as entities who, for reasons as ~e,t ,unknown, werenot; ri~med in the Lit~gation Guarantee or otherwise made known to~ ~Plaintiff.

5. On or about for value received, i f .~efendant ~ade, sexecutedMot gage , that cert ain ::.;:A~d:..


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8. Under( the Mortgage and Note, Defendant ~asobligated to make . scheduled payments of principal and/or

Defendant t I I I I I I I I to make said: : . . - \ -

and advanc~s, represents a defaultinterest. The failure of

. i~plus late cp.argesayments,

of the rep~ent tetms under the Mortgage and Note. As a resultof this default, Plaintiff exercised its option in accordlnqe{. . '" ~,

j.' ;, ..'" w i.t.h the terms of the Mortgage and Note to accelerate the. Joanand declare the entire principal balance of the Mortgage and '.';.Note, namely together with interest, advances aridall other charges, immediately due and payable. Defendant" h a s . - . n 'A~ a result of the above facts, Plaintiff is entitled~ ~t rtailed, refused and neglectedto pay the same.9.to a foreclosure of .its Mortgage and t.o a sale o j the Propert.y"tn accoitance with' the terms of the Mortgage..'_.:':::' ..

10. The Mortgage provides that in theforeclosure, Plaintiff may be awarded all ;i ,'lsums secured 'by the 'r ,Mortgage including reasonatle

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N Iattorneys' fees and costs, andother expenses or advances made necessary or advisable orsustained by Plaintiff because of default or incurred for thebenefit or protection of the Property or in connection

11. Mortgagors and 'Other Defendants named herein clainr:.orinay claiftt .lNkomenterest in the premises described in the

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Mortgage, but said interests are subsequ~nt, subordinate, and/or-l ) :1 ,Ii ., '".;,junior to Plaintiff's interest.

12. Plaintiff initially commenced a .. non-judicial:aforeclosure of the Mortgage, but will now be proceeding with a

judicial foreclosure of the Mortgage.13. An actual controversy may' arise between Plaintiff ahd

Defendants with respect to the conversion of thenon-j udicialforeclosure to a judicial foreclosure.

WHEREFORE.~ Plainti~f lrays as follows:~1. That process of this Court issue commanding the above-

named Defendant1 .complaint andto appear .or answer the allegations of this

to perfqrm and abide by all Court orders,directions'and decrees.

2. Th~t upon hearing, the Court ascertain the totalamount due to Plaintiff at the time of judgment under the Note(Exhibit "1") and Mortgage (Exhibit \\2"), including principal,interest, advances, costs and attorneys' fees, and that thisCourt determine and order:

a. That Plaintiff is entitled to declaratory reliefand judgment ordering that Plaintiff may convertthe non-judicial foreclosure to a judicialforeclosure;

b.. That there is due and owing to Plaintiff by'virtue of the terms of the Note (Exhibit "1") and,

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. 'Mortgage (Exhibit "2") and of all the proofsadduced, a certain sum of money, and that the sumof money together with legal interest accrued,and all advances, costs and attorney's fees bedeclared to be a lien ,upon the Property; and thatthe Court affix and determine a just andreasonable fee for Plaintiff's attorney herein;

c. That upon the foreclosure sale herein prayed for;that any interest or lien claimed by anyDefendants herein named and all persons claimingany interest in the Property through or undersaid Defendants, shall be forever barred andforeclosed of and from all right, title andinterest and claims at law or in equity in and tosaid Property and every part hereof; and thatthese interests or liens be adjudicatedsubordinate to the lien of Plaintiff's Mortgage;

d. That this Court, appoint a Commissioner to takepossession of the' Property, and that theCommissioner be authorized to collect rents, dealwith and sell the Property for cash in the mannerp!ovided by law and by the order of this Court;and that upon confirmation of the sale by thisCourt, the Commissioner be authorized and

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directed to make and d.eliver to the purchasersuch instrument. of conveyance as may beappropriate;

e. That after the payment of all necessary expensesof such sale and attorney's fees, theCommissioner be authorized and directed to makeapplication of the proceeds thereof, so far asthe same may be necessary, first to payment ofsums found due and owing to Plaintiff herein,including all costs and expenses, and secondly,if there shall be a surplus, to be applied as thecourt deems fit and proper;

f. That Plaintiff be allowed to be a purchaser atthe sale;

g. That Plaintiff have such other and further reliefas may be just and to the Court shall seemproper.

NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECTA DEBT, THAT ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE AND THAT THE DEBT MAY BE DISPUTED.

Dated: 1IIIIIIII Hawaii, ____, , - - -7

Redacted Hawaii Foreclosure Complaint

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